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Wills, Trusts & Estates

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Monday, September 30, 2019 @ 10:33 AM

Digital privacy for the living and the dead digital_assets_sm

In Oct. 2017, Maureen Henry obtained a judge’s order to gain access to her late son Dovi’s social media accounts. ... [read more]

Monday, September 30, 2019 @ 9:42 AM

New program helps self-represented navigate small claims court in Nova Scotia Heather de Berdt Romilly

Self-represented litigants in Nova Scotia’s small claims court are getting a big boost. The Legal Information Society of Nova Scotia (LISNS), in partnership with the court, has launched a navigator program to help individuals wend their way through the system and have support throughout the judicial process. ... [read more]

Wednesday, September 25, 2019 @ 8:43 AM

Powers of attorney and advanced care planning: Wish list power_of_attorney

This series of articles discusses legal issues involving powers of attorney and practical considerations in planning for incapacity using powers of attorney. Our last article explored the issues of personal care decisions and advance wishes and directives. This eighth article looks at issues of advance wishes and directives for health care decisions in more depth. ... [read more]

Tuesday, September 24, 2019 @ 12:14 PM

Gene genie: Why criminal law power to protect genetic information is constitutional Bluebodyscience

Science can now peer into the very code of life, the recipe that makes up who we are. DNA testing can tell, with a high degree of certainty, whether we are likely to fall prey to certain illnesses or transmit them to our descendants. ... [read more]

Monday, September 23, 2019 @ 8:34 AM

Limitation periods in estate litigation: Dependant support claims alarm_clock_sm

This is the third and final article regarding the limitation periods in estate litigation matters. This article will focus on some of the statutory limitation periods which apply in the context of dependant support claims. ... [read more]

Friday, September 20, 2019 @ 6:20 AM

WILLS - Variation - Contestation of claims

Action by the plaintiff daughters seeking to vary their parents' wills to provide for an equal distribution among the parents' six children. ... [read more]

Thursday, September 19, 2019 @ 10:50 AM

Ounce of prevention: Marriage contracts and family trusts contract_marriage_sm

The utility of marriage contracts is often measured in a vacuum. And rarely do lawyers and their clients consider the benefits that they can provide in protecting the sanctity of family trusts. ... [read more]

Thursday, September 19, 2019 @ 9:04 AM

Access to Justice: New fund aiming at solutions | Beverley McLachlin

On Sept. 10, 2019, the Beverley McLachlin Access to Justice Fund was launched. The fund’s aim is to provide financing for innovative approaches to improving access to civil and family justice. Through an application process the Fund will allow individuals and organizations to explore, test, measure and grow good ideas that advance our progress. We will begin receiving applications next year, with a transparent and publicly available application process. ... [read more]

Tuesday, September 17, 2019 @ 10:53 AM

Equitable fraud: Using it in court fraud_concept_sm

The case of Roach v. Todd 2018 ONSC 5289 is a good example of how the doctrine of equitable fraud may be employed. One of the issues that arose in that case was a gift made by an elderly father, Willie, to his daughter, Claudette, in the amount of $57,000, leaving only $2,961.31 in Willie’s bank account (the impugned gift). While this case turned in large measure on undue influence and Willie’s apparent lack of capacity to make the impugned gift, the doctrine of equitable fraud would also likely apply. ... [read more]

Thursday, September 12, 2019 @ 8:35 AM

Senate report on charitable sector: Modernizing the framework charity_report_sm

As reported Sept. 6 in The Lawyer’s Daily, the Special Senate Committee on the Charitable Sector released its final report, Catalyst for Change: A Roadmap to a Stronger Charitable Sector on June 20, 2019. The report provides 42 recommendations for strengthening the charitable and not-for-profit sector, and for modernizing the legal and regulatory landscape governing it. ... [read more]